Vehicle Code § 21658 CVC – Lane Weaving & Lane Straddling

Vehicle Code § 21658 CVC is the California statute that makes it a crime to weave inside a traffic lane or to straddle a marked line. Straddling a line means driving over a marked line as opposed to driving in between two marked lines. A violation of this law is an infraction, and you will receive a ticket and one point on your driving record.

The language of the code section reads as follows:

21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:

(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.

Examples:

• driving a car over a yellow line for an extended period of time without changing lanes.
• operating a truck on a Los Angeles freeway and straddling the line of a designated lane.
• constantly zigzagging between the lines of a single lane.

Defenses

If you are accused of violating CVC 21658, you can raise a legal defense to challenge any criminal charges. Common defenses include showing that:

• you only touched a line of a traffic lane, and never crossed it,
• you crossed the line using reasonable safety, and/or
• you acted out of necessity.

Penalties

Weaving and lane straddling are charged as infractions in the State of California. This is opposed to misdemeanors or felonies.

The traffic infraction is punishable by:

• a ticket and a fine, and
• one point on your DMV driving record.

If you accrue enough points within a 1-, 2- or 3-year period, then the Department can:

• declare you a negligent operator, and
• suspend or revoke your driving privileges.

Our California car accident attorneys will discuss the following in this article:

• 1. What is California law as to weaving or lane straddling?
• 2. Can I contest a 21658 CVC ticket?
  • 2.1. No crossing of a line
  • 2.2. Reasonable safety
  • 2.3. Necessity
• 3. How much is the fine?
• 4. What if I just ignore the ticket?
• 5. Are there laws related to California Vehicle Code 21658?
  • 5.1. Right hand lane violation – CVC 21650
  • 5.2. Illegal U-turn – CVC 22102
  • 5.3. Unsafe passing on the right – CVC 21755

1. What is California law as to weaving or lane straddling?

Vehicle Code section 21658 applies to roads with two or more marked lanes for traffic in one direction.

In this situation, the rules of the road say that you must:

1. keep your car entirely within the lane, and
2. not move from the lane until it can be done with reasonable safety.¹

The statute prevents:

• weaving within a lane,
• lane straddling, and
• unsafe lane changing.

Note that one court has said that it is not a violation of this law when a vehicle:

1. touched a marked line,
2. did so without crossing it, and
3. touched the line for 10 seconds.²

This means that “weaving” takes more than touching a marked line for a short period of time.

2. Can I contest a 21658 CVC ticket?

Defense lawyers, and law firms, draw on several legal strategies to challenge traffic violations under this statute. These include showing that:

1. you did not cross a marked line.
2. you moved from a lane with reasonable safety.
3. you acted out of necessity.

2.1. No crossing of a line

Recall from above that a court has stated that there is no violation of this law when:

1. a vehicle touches a marked line (without crossing it), and
2. does so for a short period of time.

This means it is always a defense to say you never crossed a marked line. You can assert that you only briefly touched it.

2.2. Reasonable safety

These laws say it is permissible to cross a line, and move from a lane, when using reasonable safety. A defense, then, is to say that you:

1. may have crossed a line, but
2. exercised reasonable safety when doing so.

2.3. Necessity

Under a necessity defense, you try to avoid guilt by showing that you had a sufficiently good reason to commit the crime.

In the context of weaving, you could attempt to show that you committed the crime because there was no other choice (for example, because of an emergency).

3. How much is the fine?

A violation of this statute results in two penalties. These are:

1. a California traffic ticket (usually in an amount of $238), and
2. one point placed on your Department of Motor Vehicle’s driving record.

The DMV can take the following actions if you accrue enough points within a 1-, 2- or 3-year period:

• declare you a negligent operator, and
• suspend, or even revoke, your driving privileges.

4. What if I just ignore the ticket?

You should not ignore a traffic ticket.

If you ignore a ticket, you are guilty of “failing to appear” in court. This is an offense under Vehicle Code 40508 CVC.

When you are issued a traffic ticket in California, you have to sign a written promise to appear in court.

If you willfully fail to appear as promised, you violate CVC 40508.³ You willfully fail to appear when you are willingly a no-show. It does not matter if you did not intend to break the law.⁴

The offense of failing to appear is a misdemeanor. The penalties are:

• up to six months in county jail (as opposed to state prison), and/or
• a fine of up to $1,000.⁵

5. Are there laws related to California Vehicle Code 21658?

There are three crimes related to lane weaving or lane straddling. These are:

1. right hand lane violations – CVC 21650,
2. illegal U-turns – CVC 22102, and
3. unsafe passing on the right – CVC 21755

5.1. Right hand lane violations – CVC 21650

Vehicle Code 21650 CVC says that you must drive your vehicles on the right side of the road.

The statute does provide a few exceptions (for example, when passing a car going in the same direction).

Like with CVC 21658, a violation of this law is a traffic infraction.

5.2. Illegal U-turn – CVC 22102

Vehicle Code 22102 CVC makes it illegal to make a U-turn in a business district, except at an opening where authorized.

Like with CVC 21658, a violation of this law results in one point against your driver’s license.

5.3. Unsafe passing on the right – CVC 21755

Vehicle Code 21755 CVC says that you can only pass a motorist on the right when reasonably safe to do so.

A violation of this law leads to the same penalties as with CVC 21658.

For additional guidance or to discuss your case with a criminal defense or personal injury attorney, we invite you to contact us at Shouse Law Group.

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